# EUR-Lex - 52013PC0276 - EN

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# 52013PC0276

**Proposal for a COUNCIL DECISION on the position to be adopted, on behalf of the European Union, on the proposal to amend the Customs Convention on the International Transport of goods under cover of TIR carnets (TIR Convention 1975) /* COM/2013/0276 final - 2013/0148 (NLE) */**

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EXPLANATORY MEMORANDUM

1.           CONTEXT OF THE PROPOSAL

1.1.        Grounds for and objectives
of the proposal

The Customs Convention on the International
Transport of goods under cover of TIR carnets (TIR Convention) of 14 November
1975 was approved on behalf of the European Economic Union by way of Council
Regulation (EEC) No 2112/78. The Convention entered into force in the Union on 20 June 1983.

The purpose of the proposed Decision is for
the Union to adopt the latest amendments to the TIR Convention agreed by the
UNECE Working Party on Customs Questions Affecting Transport and further
adopted by the Administrative Committee for the TIR Convention, 1975, subject
to completion of the EU's internal procedures.

On 5 July 2012, the Administrative
Committee transmitted to the Secretary-General, in accordance with the
provisions of article 59 (1) and (2) of the Convention, proposals of amendments
to Articles 6.2 bis and Annex 9 to the text of the Convention, adopted at its
fifty-third session held in Geneva on 9 February 2012. On 10 July
The Secretary-General issued the Depository Notification C.N.358.2012.TREATIES,
communicating that if by 10 July 2013 none of the Contracting Parties had
notified any objections to the amendment proposals, they will enter into force on
10 October 2013.

1.2.        General context

The TIR Convention, which is administered
by the United Nations Economic Commission for Europe (UNECE), based in Geneva, has established a customs transit procedure for the international movement of
goods by road. The Convention enables goods, which are under customs and tax
suspension, to cross international borders with a minimum of intervention en
route by the customs authorities. By easing traditional impediments to the
international movement of goods, the TIR system encourages the development of
international trade. By reducing delays in transit, it enables significant
economies to be made in transport costs. The most important advantage of the
system is the fact that the TIR Convention provides, through its international
guarantee chain, relatively simple access to the required guarantees.

The UNECE Working Party on Customs
Questions Affecting Transport agreed that some modifications of the TIR
Convention are necessary. These modifications concern the amendment of Article
6 of the TIR Convention in order to introduce a new part III in Annex 9 to the
TIR Convention establishing the conditions and requirements to be complied with
by an international organization which is authorised to take on the
responsibility for the effective organization and functioning of an
international guarantee system and to print and distribute TIR Carnets. That
international organization is currently the International Road Transport
Organization (IRU).

This new Annex 9, part III will complement
the purpose of Annex 9 which addresses access to the TIR procedure by the
private sector and which already deals with the authorisations for national
associations to issue TIR carnets as well as for natural and legal persons to
utilize TIR Carnets.

1.3.        Existing provisions in the
area of the proposal

Article 6 and Explanatory notes to Article
6, paragraph 2 bis to the TIR Convention.

1.4.        Consistency with the other
policies and objectives of the Union

The proposed Decision is consistent with
the common policy in trade and transport. The TIR system, providing
facilitation in road transport, allows goods to travel across 68 Contracting
Parties with a minimum of interference by customs administrations and provides,
through an international guarantee chain, relatively simple access to the
required guarantees. The simplifications achieved through the TIR Convention
are in line with the revised Lisbon strategy.

2.           CONSULTATION OF INTERESTED PARTIES AND
IMPACT ASSESSMENT

2.1.        Consultation of interested
parties

Consultation methods, main sectors
targeted and general profile of respondents

Consultations on the proposal were carried
out with the International Road Transport Union IRU. Consultations took place
within the Customs Legislation Committee (Co-ordination Geneva) meetings and
sessions of the UNECE Working Party on Customs Questions Affecting Transport.

Summary of responses and how they
have been taken into account

Favourable opinion.

2.2.        Collection and use of
expertise

There was no need for external expertise.

2.3.        Impact assessment

The proposed amendments do not change the
substance of Annex 9 to the TIR Convention. However, the introduction of a new
part III, will complement its purpose by defining clearly the roles and
responsibilities of the all players in the TIR system for the purposes of
transparency in its management. In addition, as the international organization
is currently playing a vital role in the TIR system, the TIR Convention should
clearly define this organization and explain how the procedure for authorisation
of this organization should be applied.The introduction of these conditions and
requirements in the legal text of the TIR Convention will also simplify the
text of the written agreement between UNECE and the international organization
in accordance with Explanatory Note 0.6.2 bis 2.

3.           LEGAL ELEMENTS OF THE PROPOSAL

3.1.        Summary of the proposed
action

The proposed Decision lays down the
position to be taken by the Union concerning the proposal to amend the Customs
Convention on the International Transport of goods under cover of TIR carnets.

3.2.        Legal basis

Articles 207 and 218 (9) of the Treaty on
the Functioning of the European Union.

3.3.        Subsidiarity principle

The proposal falls within an area of
exclusive competence of the European Union (common commercial policy) and
therefore does not deserve an examination with regard to the principle of
subsidiarity (Article 5 (3) of the Treaty on the Functioning of the European
Union).

The proposed amendments were preliminarily
adopted by the UNECE Working Party on Customs Questions Affecting Transport and
Administrative Committee for the TIR Convention.

3.4.        Proportionality principle

The proposal is in conformity with the
principle of proportionality. It allows the implementation of an amendment to
the international agreement which as such respects the principle of
proportionality.

3.5.        Choice of instruments

Proposed instrument: Decision.

International agreements and amendments to
these arrangements are normally introduced into the Union's legal order by way
of a Decision.

4.           BUDGETARY IMPLICATION

The proposal has no implication for the
Union budget.

2013/0148 (NLE)

Proposal for a

COUNCIL DECISION

on the position to be adopted, on behalf
of the European Union, on the proposal to amend the Customs Convention on the
International Transport of goods under cover of TIR carnets (TIR Convention
1975)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning
of the European Union, and in particular Article 207, in conjunction with of
Article 218 (9) thereof,

Having regard to the proposal from the
European Commission,

Whereas:

(1)       The Customs Convention on
the International Transport of goods under cover of TIR Carnets (TIR
Convention) of 14 November 1975 was approved on behalf of the Union by Council
Regulation (EEC) No 2112/78 of 25 July 1978[1]and
entered into force in the Union on 20 June 1983[2].

(2)       A consolidated version of
the TIR Convention was published as Annex to Council Decision 2009/477/EC of 28
May 2009[3], according
to which the Commission shall publish future amendments to the Convention in
the Official Journal of the European Union indicating their date of entry into
force.

(3)       Following extensive
deliberations, in October 2011 the UNECE Working Party on Customs Questions Affecting
Transport decided that some modifications of the TIR Convention are necessary.
These modifications concern Article 6 and the introduction of a new Part III in
Annex 9 to the TIR Convention, establishing the conditions and requirements to
be complied with by an international organization which is authorised to take
on the responsibility for the effective organization and functioning of an
international guarantee system and to print and distribute TIR Carnets.

(4)       The proposed amendments to
the TIR Convention introduce a definition of the international organization and
clearly define the authorisation process of this organization. The introduction
of a new part III of Annex 9 will complement its purpose by defining clearly
the roles and responsibilities of all players in the TIR system and increase
the transparency of its management. The introduction of these conditions and
requirements in the legal text of the TIR Convention will also simplify the
text of the written agreement between UNECE and the international organization
in accordance with Explanatory Note 0.6.2 bis 2.

(5)       Delegates of all Member
States expressed their positive opinion as regards the amendment proposal within
the Customs Legislation Committee (Co-ordination Geneva).

(6)       In its 53rd session
in February 2012 the Administrative Committee for the TIR Convention adopted
the proposed amendments of the TIR Convention, subject to the completion of the
EU's internal procedures.

(7)       On 5 July 2012, the
Administrative Committee transmitted to the Secretary-General, in accordance
with the provisions of article 59 (1) and (2) of the Convention, proposals of
amendments to Articles 6.2 bis and Annex 9 to the text of the Convention,
adopted at its fifty-third session held in Geneva on 9 February 2012. On 10
July the Secretary-General issued the Depository Notification
C.N.358.2012.TREATIES, communicating that if by 10 July 2013 none of the
Contracting Parties had notified any objections to the amendment proposals,
they will enter into force on 10 October 2013.

(8)       Therefore, the Union
position concerning the proposed amendment should be determined,

HAS ADOPTED THIS DECISION:

Article 1

The position to be taken by the European
Union in the Administrative Committee for the TIR Convention shall be based on
the draft amendment attached to this Decision.

Article 2

This Decision is addressed to the Member
States.

The Commission shall publish the amendment,
once adopted, in the Official Journal of the European Union indicating its date
of entry into force.

Done at Brussels,

For
the Council

The
President

ANNEX

In Article 6, a new paragraph is introduced
as follows:

Article 6, paragraph 2 bis

Modify paragraph
2 bis to read:

2 bis An international organization
shall be authorized by the Administrative Committee to take on responsibility
for the effective organization and functioning of an international guarantee
system. The authorization shall be granted as long as the organization fulfils
the conditions and requirements laid down in Annex 9, Part III. The
Administrative Committee may revoke the authorization if these conditions and
requirements are no longer fulfilled.

In Annex 9, a new Part III is introduced as
follows:

Annex 9, new part III

Insert a new
part III to read:

Authorization of an international
organization, as referred to in Article 6, to take on the responsibility for
the effective organization and functioning of an international guarantee system
and to print and distribute TIR Carnets

Conditions and requirements

1. The conditions and requirements to be
complied with by an international organization in order to be authorized, in
accordance with Article 6.2 bis of the Convention, by the Administrative
Committee to take on the responsibility for the effective organization and
functioning of an international guarantee system and to print and distribute
TIR Carnets are:

(a) Proof of sound professional competence
and financial standing for the effective organization and functioning of an
international guarantee system and the organizational capabilities to fulfil
its obligations under the Convention by means of annual submissions of
consolidated financial statements duly audited by internationally recognized
independent auditors;

(b) Absence of serious or repeated offences
against Customs or tax legislation.

2. Pursuant to the authorization, the
international organization shall:

(a) provide the Contracting Parties of the
TIR Convention via the national associations affiliated to the international
organization with certified copies of the global guarantee contract and proof
of guarantee coverage;

(b) provide the competent bodies of the TIR
Convention with information on the rules and procedures set out for the issue
of TIR Carnets by national associations;

(c) provide the competent bodies of the TIR
Convention, on a yearly basis, with data on claims lodged, pending, paid or
settled without payment;

(d) provide the competent bodies of the TIR
Convention with full and complete information on the functioning of the TIR
system, in particular, but not limited to, timely and well founded information
on trends in the number of non-terminated TIR operations, claims lodged,
pending, paid or settled without payment that might give rise to concerns with
regard to the proper functioning of the TIR system or that could lead to
difficulties for the continued operation of its international guarantee system;

(e) provide the competent bodies of the TIR
Convention with statistical data on the number of TIR Carnets distributed to
each Contracting Party, broken down by type;

(f) provide the TIR Executive Board with
details of the distribution price by the international organization of each
type of TIR Carnet;

(g) take all possible steps to reduce the
risk of counterfeiting TIR Carnets;

(h) take the appropriate corrective action
in cases where faults or deficiencies with the TIR Carnet have been detected
and report these to the TIR Executive Board;

(j) fully participate in cases where the
TIR Executive Board is called upon to facilitate the settlement of disputes;

(k) ensure that any problem involving
fraudulent activities or other difficulties with regard to the application of
the TIR Convention is immediately brought to the attention of the TIR Executive
Board;

(l) manage the control system for TIR
Carnets, provided for in Annex 10 of the Convention, together with national
guaranteeing associations affiliated to the international organization and the
Customs authorities and inform the Contracting Parties and the competent bodies
of the Convention of problems encountered in the system;

(m) provide the competent bodies of the TIR
Convention with statistics and data on the performance of Contracting Parties
with regard to the control system provided for in Annex 10;

(n) conclude, not less than two months
before the provisional date of entry into force or renewal of the authorization
granted in accordance with Article 6.2bis of the Convention, a written
agreement with the United Nations Economic Commission for Europe secretariat,
mandated by and acting on behalf of the Administrative Committee, which shall
include the acceptance by the international organization of its duties set out
in this paragraph.

3. When the international organization is
informed by a guaranteeing association of a claim for payment, it shall, within
a period of three (3) months inform the guaranteeing association of its
position concerning the claim.

4. All information acquired, directly or
indirectly, by the international organization under the Convention, which is by
nature confidential or which is provided on a confidential basis, shall be
covered by the obligation of professional secrecy and shall not be used or
processed neither for any commercial purpose nor for any other purpose than for
which it has been provided or disclosed to any third party without the express
permission of the person or authority that provided it. Such information may,
however, be disclosed without permission to competent authorities of
Contracting Parties to this Convention, where there is an authorization or obligation
to do so pursuant to provisions of national or international law or in
connection with legal proceedings. The disclosure or communication of
information shall take place in full compliance with data-protection provisions
in force.

5. The Administrative Committee shall have
the right to revoke the authorization granted in accordance with Article 6.2 bis
in case of non-compliance with the above conditions and requirements. Should
the Administrative Committee decide to revoke the authorization, the decision
will become effective at the earliest six (6) months after the date of
revocation.

6. The authorization of an international
organization under the terms set out above shall be without prejudice to that
organization’s responsibilities and liabilities under the Convention.

[1]               OJ L 252, 14.09.1978, p. 1.

[2]               OJ L 31, 2.2.1983, p. 13.

[3]               OJ L 165, 26.6.2009, p. 1.